New Delhi: The Delhi High Court is set to deliver its judgment on July 1, 2024, regarding bail petitions filed by Bharat Rashtra Samithi (BRS) leader K Kavitha in cases related to the Excise Policy, involving both the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). The decision comes after Justice Swarna Kanta Sharma reserved the order following extensive hearings on May 28, 2024.

Senior Advocate Vikram Chaudhari and Advocate Nitesh Rana represented K Kavitha, along with Advocates Mohit Rao and Deepak Nagar. On the other side, Advocate DP Singh appeared for the CBI, and Advocate Zoheb Hossain represented the ED. The CBI opposed the bail plea, stating that the investigation is at a critical stage, involving other public servants and private individuals, as well as the flow of illicit funds. The agency argued that releasing Kavitha on bail could hinder the investigation, emphasizing that she fails to meet the 'triple test' for bail eligibility as established by Constitutional Courts.

The ED also opposed the bail, highlighting the complex nature of money laundering offenses and the potential influence Kavitha could exert to disrupt the investigation. They emphasized that standard conditions for bail are insufficient in such cases due to the potential for accused individuals to obscure money trails using advanced technology. Earlier, the Delhi High Court had issued notices to both the ED and CBI regarding Kavitha's bail petitions in the money laundering case tied to Delhi's scrapped Excise Policy.

Recently, the ED filed a supplementary chargesheet in the Rouse Avenue Court against Kavitha and other accused, including Chanpreet Singh, Damodar, Prince Singh, and Arvind Kumar. Kavitha's bail plea highlighted her family responsibilities, noting that one of her children is a minor under medical supervision. She claimed that attempts to implicate her were politically motivated by the ruling party at the Centre. Her plea argued that the ED's case relies heavily on statements from approvers, witnesses, or co-accused under Section 50 of the Prevention of Money Laundering Act (PMLA), without any corroborating evidence. She also contended that her arrest violated Section 19 of the PMLA and lacked evidence of cash transactions or a money trail.

On May 6, the Rouse Avenue Court dismissed Kavitha's bail petitions. Kavitha was arrested by the ED on March 15, 2024, and by the CBI on April 11, 2024.The CBI, in a remand application, stated that Kavitha's arrest was necessary to conduct custodial interrogation and to uncover the larger conspiracy related to the Excise Policy. They sought to establish the money trail and identify the roles of other suspects, including public servants.

The CBI investigation was initiated based on a report by the Delhi Chief Secretary in July, which indicated prima facie violations of several laws, including the GNCTD Act 1991 and the Delhi Excise Act 2009. Both the ED and CBI alleged that the Excise Policy was modified irregularly, with undue favors extended to license holders, license fees waived or reduced, and L-1 licenses extended without proper authority approval. They claimed that the beneficiaries diverted illegal gains to officials and falsified records to evade detection.

Additionally, the probe agencies alleged that the Excise Department refunded about ₹30 crore to a successful tenderer against the rules and allowed a waiver on tendered license fees from December 28, 2021, to January 27, 2022, citing COVID-19, resulting in an alleged loss of ₹144.36 crore to the exchequer.

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